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Anonymous users2024-02-121. How to define the malicious transfer of property in divorce in the Civil Code.
When a husband and wife divorce, if one party damages the rights of the other party by transferring, concealing, selling, or destroying the joint property of the husband and wife, it may be found that the joint property of the husband and wife has been transferred in bad faith.
Civil Code of the People's Republic of China
Article 1092: [Legal Consequences of One Party Infringing on the Joint Property of the Husband and Wife] Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
2. How to prevent the other party from transferring the joint property of the husband and wife.
As the divorce rate rises, so does people's sense of security in their marriage. So, in order to prevent corresponding risks and protect one's own economic interests, how should one prevent the other party from transferring common property? Here's how:
1) Notarization of pre-marital and post-marital property, property notarization is the determination of the ownership of property during the existence of the marital relationship between husband and wife, and it is difficult for the other party to transfer notarized property before divorce;
2) When the parties agree on property, they should not only agree on the property before marriage, but also on the property during the marriage relationship and how to divide the property at the time of divorce; At the same time, the husband and wife may also privately agree on the ownership of personal property before marriage and joint property after marriage by signing an agreement;
3) After the purchase of high-end items, we should register and make a book, copy shopping bills, etc., in life we will purchase some high-end items, and keep the materials mentioned above for high-end items;
4) Photographs and lists of large family assets should be made, and witnesses should be consciously searched. This may exacerbate the conflict, and if it needs to be done, it is better to do it secretly.
5) Pay attention to the other party's deposit certificate and the bank where the money is deposited, so as to provide legal evidence to the court. At the same time, you can also know which banks the other party has and how much the balance is from the receipts for paying water and electricity bills, mobile phone bills, etc.
6) Understand each other and pave the way for avoiding property transfer in the future.
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Anonymous users2024-02-11Definition of malicious transfer of property: 1. Damage to creditors caused by the debtor's waiver of its due creditor's rights or free transfer of property; 2. The debtor transfers or acquires the property at an obviously unreasonable low price; 3. During the enforcement period, it is mainly manifested in the transfer of property after the legal documents have taken legal effect.
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Anonymous users2024-02-10Legal Analysis: Definition of Malicious Transfer of Property: 1. Damage to creditors caused by the debtor's waiver of its due creditor's rights or free transfer of property; 2. The debtor transfers or acquires the property at an obviously unreasonable low price; 3. During the enforcement period, it is mainly manifested in the transfer of property after the legal documents have taken legal effect.
[Legal basis].Article 539 of the Civil Code of the People's Republic of China provides that if the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.
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